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Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015

S. 2458 · 114th Congress · Jan 20, 2016 · Lineage

A BILL

To amend section 217(a)(12) of the Immigration and Nationality Act, relating to the restriction of the use of the Visa Waiver Program for aliens who travel to certain countries.

Section 1 Visa Waiver Program restriction

Section 217(a)(12) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(12)) is amended—
(1)
in subparagraph (A)—
(A)
in clause (i)(III), by striking “designated by the Secretary of Homeland Security” and inserting “designated jointly by the Secretary of Homeland Security and the Secretary of State”; and
(B)
in clause (ii)(III)—
(i)
by inserting “jointly” after “designated”; and
(ii)
by inserting “and the Secretary of State” after “Homeland Security”;
(2)
in subparagraph (B)—
(A)
in clause (i), by striking “or” at the end;
(B)
in clause (ii), by striking the period at the end and inserting “; or”; and
(C)
by adding at the end the following:

“(iii) in order to perform official duties as an employee of an international organization.”

(3)
in subparagraph (C)—
(A)
by striking “Secretary of Homeland Security” and inserting “President”; and
(B)
by striking “the Secretary” and inserting “the President”; and
(4)
in subparagraph (D)—
(A)
in clause (i), by striking “, in consultation with the Secretary of State and” and inserting “and the Secretary of State, in consultation with”;
(B)
in clause (ii), by striking “the Secretary” and inserting “the Secretary of Homeland Security and the Secretary of State”; and
(C)
in clause (iii), by striking “the Secretary” and inserting “the Secretary of Homeland Security and the Secretary of State”.

Sec. 2 Phase-in of new requirements

(a)
In general— Except as provided in subsection (b), the amendments made by section 203 of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 shall take effect on the date that is 180 days after the date of the enactment of such Act.
(b)
Extension— The Secretary of Homeland Security or the Secretary of State may waive the application of section 217(a)(12) of the Immigration and Nationality Act, as added by section 203 of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, for a period of up to 90 days, if either Secretary determines that such waiver is in the national security interests of the United States.

Sec. 3 Sunset

Section 217(a)(12) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(12)) shall be repealed on December 18, 2020.